MCSK CEO Milcah Mulati, two others charged with fraud

MCSK CEO Milcah Mulati, two others charged with fraud

What you need to know:

  • The three denied conspiring with others to forge agreements for the sale of nine cars to third parties between April 1 and November 30, 2018.

The chief executive of the Music Copyright Society of Kenya (MCSK) was Tuesday charged in court in connection to the fraudulent sale of the company’s vehicles in 2018.

Milcah Mulati was charged alongside Henry Mungai and Stephen Kamau Wabacha with eight counts of conspiracy to commit a crime and forgery of sale agreements for nine cars.

The three denied conspiring with others to forge agreements for sale of the cars to third parties between April 1 and November 30, 2018.

Ms Mulati was separately charged with forging, for the sale agreements, signatures of  Henry Kihara Nyamu, Robinson Wachira, Wilson Mwangi Thinji, Kenneth Agalomba, Silas Mundanya, Rufus Mbaya Mugwika and Peter Kuria.

Mr Mungai faced a single separate count of forging Ann Wambui Njeri’s signature on April 19 2018.

Defence arguments

The three, who faced Milimani senior resident magistrate Carolyne Muthoni Njagi, were represented by lawyers  Duncan Okubasu, Nelson Masaviru and Odhiambo Nyengenye.

The court heard that the accused did not participate in any form of fraud.

“Ms Mulati is the CEO of MCSK. All she did was witness the sale of the vehicles after the board’s resolution,” Dr Okubasu said. He added that as CEO, she also had to witness the signing of the sale agreements, which he said had nothing to do with forgery.

Dr Okubasu further said MCSK is not the complainant in the case.

“I urge this court to free the suspects on reasonable bond terms given they had been out on a police bond of Sh50,000,” he said.

Mr Nyengenye said Mr Mungai, a teacher, simply purchased a vehicle following an invitation to interested buyers, while Mr Masaviru urged the court to free Mr Wabacha, a businessman, on a reasonable cash bail.

Mr Masaviru further noted that his client faces only one count so the conditions of his release should be different.

Bail terms

The magistrate was also told that all the suspects have cooperated with the investigating officer since the probe was opened in 2018.

Ms Njagi was urged to issue terms similar to those imposed by police.

State prosecutor Winnie Moraa did not oppose the bail plea but noted that the status of the suspects changed when they were charged.

“I urge the court to free the accused on stringent terms,” she said.

Ms Njagi freed Ms Mulati on a cash bail of Sh300,000 while Mr Wabacha and Mr Mungai were granted Sh200,000 cash bail each.

The court issued a warrant for the arrest of two other suspects - Raphael Muriithi Ndegwa and Merit Simiyu - who did not turn up to take plea.

The case will be mentioned on August 9.